Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      Global coalition aims to make smartphones more affordable

      South Africa’s digital ID could change how you pay

      22 October 2026
      AI's boardroom honeymoon is over - Gary Stocks

      AI’s boardroom honeymoon is over

      22 October 2026
      4Sight revenue jumps 29%, but software resale squeezes margins

      4Sight revenue jumps 29%, but software resale squeezes margins

      22 October 2026
      Rand stablecoin issuers welcome treasury's crypto rethink

      Rand stablecoin issuers welcome treasury’s crypto rethink

      22 October 2026
      Malatsi asks Icasa to rewrite network-sharing rules

      Malatsi asks Icasa to rewrite network-sharing rules

      22 October 2026
    • World
      OpenAI turns the tables on Apple in trade secrets fight

      OpenAI turns the tables on Apple in trade secrets fight

      15 October 2026
      Google's Gemini 4 Argon is finally here

      Google’s Gemini 4 Argon is finally here

      14 October 2026
      Apple's new HomeView smart home hub

      Apple takes another shot at the smart home

      13 October 2026
      AI

      AI is now propping up the world economy, says IMF

      12 October 2026
      SpaceX takes aim at US wireless carriers with spectrum acquisition

      Starlink is coming for your mobile operator

      9 October 2026
    • In-depth

      10 days that changed the course of AI

      21 September 2026
      Meta to the AI industry: slow down without us - Mark Zuckerberg

      Meta to the AI industry: slow down without us

      16 September 2026
      Google DeepMind CEO Demis Hassabis. Image: John Sears

      The plan to stop AI from breaking the world

      16 July 2026
      The internet has a Strait of Hormuz problem

      The internet has a Strait of Hormuz problem

      15 July 2026
      AI boom sparks rally, frenzy and fear

      AI boom sparks rally, frenzy and fear

      11 June 2026
    • TCS
      TCS+ | Boards are underestimating the cost of a cyberattack, says Arctic Wolf - Jason Oehley and Andre Den Hond

      TCS+ | Boards are underestimating the cost of a cyberattack, says Arctic Wolf

      22 October 2026
      W&W | LDV's Gerhard Moolman on electric bakkies, fleet orders and 'school fees'

      W&W | LDV’s Gerhard Moolman on electric bakkies and fleets

      9 October 2026
      TCS | Frogfoot sees bigger fibre deals coming - TechCentral Show guests Abraham van der Merwe and Shane Chorley

      TCS | Frogfoot sees bigger fibre deals coming

      8 October 2026
      Meet the CIO | Vodacom's Mohamed Sami on the agentic future

      Meet the CIO | Vodacom’s Mohamed Sami on the agentic future

      5 October 2026
      Lexi Novitske, general partner at Norrsken22, on the TechCentral Show

      TCS | Norrsken22’s Lexi Novitske on how China is winning African tech

      1 October 2026
    • Opinion
      Nonkqubela Thathakahle Jordan-Dyani

      Why cybersecurity is now a national security issue for South Africa

      15 October 2026
      When a machine can choose, who does it become? Fanie van Rooyen

      When a machine can choose, who does it become?

      9 October 2026
      Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

      Let South Africans jailbreak their way to digital sovereignty

      5 October 2026
      South Africa's next energy crisis is in the accounts department - Craig Holmes

      South Africa’s next energy crisis is in the accounts department

      29 September 2026
      The steam engine lesson AI doomsayers keep missing - Sam Clarke

      The steam engine lesson AI doomsayers keep missing

      28 September 2026
    • Company News
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM.com
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Publishared
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Vox
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Fintech and payments
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of things
      • Investment
      • IT services
      • Lifestyle
      • Policy and regulation
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
      • Watts & Wheels
    • Events
    • Advertise
    TechCentralTechCentral
    Home » In-depth » The case against OTT regulation

    The case against OTT regulation

    By Genna Robb24 January 2016
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    Get breaking news on WhatsApp

    Yash-Ramkolowan-180The advent of new technologies continues to disrupt competition in a number of traditional markets, many of which have operated in the same manner for decades.

    Examples of this include the metered taxi industry, where Uber is quickly becoming both a noun and verb in South African conversation, and the television industry (hello, Netflix).

    From a telecoms point of view, so-called over-the-top (OTT) communication providers such as WhatsApp, WeChat and even Facebook Messenger have revolutionised the way in which we communicate.

    Not unusually, in almost all these disrupted industries, traditional players have called for “better regulation” of these new (and technologically advanced) entrants. Recently, successful lobbying by certain mobile operators has led to parliament’s portfolio committee on telecoms & postal services scheduling a hearing into the possible regulation of OTT services in South Africa.

    genna-robb-180The core argument from these mobile networks appears to centre on the suggestion that OTT providers use infrastructure for (in) which they do not pay (invest), and that they are therefore “free-riding” on expensive assets built by the operators. There has also been some argument that OTT providers are not sufficiently regulated.

    The question is whether there is merit to these arguments, or whether these claims simply represent the mobile operators’ attempts to frustrate competition from more technologically advanced forms of communication.

    First of all, let’s deal with the argument that OTT providers are free-riding on the operators’ infrastructure.

    Anybody that uses the range of OTT providers (anything from WhatsApp to Skype) on their mobile devices (and through mobile networks) will know that there is a cost attached to doing this. Specifically, the users of these services pay the mobile networks in the form of data charges every time a message is sent and received. And, as opposed to traditional mobile and text communication, in these cases both the sender and recipient pay data charges.

    So, while the cost of communication may be lower for each individual party, it is important to remember that both parties pay mobile operators when using OTT services. Ultimately, users are paying for the use of the network operators’ infrastructure through data charges.

    Consider also that South Africa’s mobile networks have long operated in an oligopolistic environment, with four mobile network operators (two much larger than the others) accounting for all 85m connections. In this environment, the leading (and oldest) operators have earned substantial returns on their investments, and continue to do so. Even in an environment where SMS and traditional voice revenues are beginning to decline, these operators are seeing huge increases in data revenues and continued good returns.

    It is worth noting that South Africa’s third largest mobile network, and historically the underdog in the market, Cell C, has a different view, arguing that regulating OTT services could harm the industry and consumers. Instead of lobbying for more regulation on OTT providers, it has chosen to partner with them. This is the stance increasingly being taken by mobile operators internationally.

    From a regulatory perspective, the debate is more nuanced. It is true that mobile operators face a heavier regulatory burden than the OTTs, but this in itself is not necessarily a justification for further regulation.

    red-tape-640

    For example, regulations relating to quality of service are moot in a market where consumers are very easily able to vote with their feet and switch OTT providers.

    While such regulation may have been necessary when we only had two network operators providing communication services, it is not clear that such regulation should be imposed on rapidly proliferating OTT providers.

    Over-regulation of these new entrants may only serve to entrench the position of existing operators and throttle the benefits that arise from increased competition, such as lower prices and more market innovation.

    A cautionary tale can be found in the development of mobile money, which has failed to take hold in South Africa despite numerous potential benefits to consumers. This is partly because of the heavy-handed regulatory approach taken by South Africa, which treats mobile money providers as if they were banks.

    A key principle of regulation is that it needs to be proportionate to the risk of harm to consumers. Ultimately, each aspect of regulation being proposed for OTT services should be carefully weighed in terms of the cost and benefit to consumers. From an economic perspective, this would be far superior than imposing a blanket approach, simply to appease the incumbent mobile operators.

    It is interesting to note that in more developed telecoms markets, the debate has gone much further, focusing on the principle of net neutrality (the principle that consumers should be able to go wherever they want, and whenever they want, on the Internet, without facing discriminatory traffic charges).

    There is no doubt that mobile operators are in an unusual and potentially profit-threatening situation

    Although many mobile operators and Internet service providers resisted this change, there is now increasing acceptance of this principle globally.
    Similarly, whereas many operators in developed markets have attempted to fight the rise of OTT providers by lobbying for tighter regulation on these services or by banning them entirely, governments are increasingly opting not to regulate such services, or are employing a “light touch” regulatory approach.

    In South Africa, mobile operators are currently directing their lobbying efforts on services that compete with their traditional voice and text communication services; effectively using the regulatory framework to try and raise barriers to competition in their sector.

    While they have no problem with mobile users accessing high bandwidth-using applications — don’t we all watch at least one YouTube video a day? — they are looking to preclude consumers from using the same bandwidth to access services which compete with their core business offering. For users of these services, this does not add-up. If you are already paying for the bandwidth, why should the operator care what it is used for? And isn’t YouTube “free-riding” on their networks just as much as WhatsApp?

    There are further and more complex questions as to how regulation of OTT space would be implemented. What would be classified as an OTT provider, considering that the forms of communication that are available through data networks are ever expanding and ubiquitous?

    Would regulation (or prescribed higher charges) also apply to OTT providers that are accessed through broadband (and fibre) networks? How would this be monitored? Would there be rules for users that opt to hide their Internet activity through the use of virtual private networks and other similar services? How would OTT services provided by the mobile operators themselves be regulated?

    There is no doubt that mobile operators are in an unusual and potentially profit-threatening situation. Prompted by disruptive technologies, entrenched players are finally beginning to face real competition for the services they provide. Their response, it would seem, has been to seek protection from the regulator. The regulation of companies should ultimately be for the benefit of consumers. In this case, it is not clear that widening the regulatory net or increasing the regulatory burden to incorporate OTT providers, will serve this purpose.

    • Yash Ramkolowan and Genna Robb are economists at DNA Economics, an economics consultancy based in Pretoria
    Add TechCentral as a preferred source on GoogleFollow TechCentral on Google NewsGet breaking news on WhatsApp


    Cell C DNA Economics Genna Robb Skype WhatsApp Yash Ramkolowan
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleWhy SA’s big telcos are running scared
    Next Article The truth is still out there: The X-Files returns

    Related Posts

    Icasa

    Icasa’s R100-million surplus and its empty toolbox

    13 October 2026
    Shoprite takes on the banking apps with airtime on Sixty60

    Shoprite takes on the banking apps with airtime on Sixty60

    9 October 2026
    DNI's R500-million bet on Mission Mobile is mostly debt - Timothy Strike

    Behind DNI’s R500-million bet on Mission Mobile

    5 October 2026
    Company News
    Innovex 2026: taking opportunity to where potential lives

    Innovex 2026: taking opportunity to where potential lives

    21 October 2026
    How to choose a .co.za domain without paying more later

    How to choose a .co.za domain without paying more later

    20 October 2026
    Winners, from left: Zandile Monaisa (Rand Refinery), Sibongakonke Kheswa (PSG Capital), Stefan Links (Forestry South Africa), Thabang Modiba (Mondelez International), Charmaine Ncube (Razor PR), Shaun Burger-Smal (Bestmed Medical Scheme), Nandipha Ngcobo (Transnet), Tracy Mulwela (Vodacom), Cheryl-Lynn Freeman (Mzansi Business Services), Yasheen Harrielall (Zutari), Valentine Mabaso (Taonga Business Group) and Thabang Thlaku (African Rainbow Minerals). Image: Rising Star Awards

    Celebrating South Africa’s rising stars: the leaders shaping what comes next

    19 October 2026
    Opinion
    Nonkqubela Thathakahle Jordan-Dyani

    Why cybersecurity is now a national security issue for South Africa

    15 October 2026
    When a machine can choose, who does it become? Fanie van Rooyen

    When a machine can choose, who does it become?

    9 October 2026
    Let South Africans jailbreak their way to digital sovereignty - Dirk de Vos

    Let South Africans jailbreak their way to digital sovereignty

    5 October 2026

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    Global coalition aims to make smartphones more affordable

    South Africa’s digital ID could change how you pay

    22 October 2026
    AI's boardroom honeymoon is over - Gary Stocks

    AI’s boardroom honeymoon is over

    22 October 2026
    4Sight revenue jumps 29%, but software resale squeezes margins

    4Sight revenue jumps 29%, but software resale squeezes margins

    22 October 2026
    Rand stablecoin issuers welcome treasury's crypto rethink

    Rand stablecoin issuers welcome treasury’s crypto rethink

    22 October 2026
    © 2009 - 2026 NewsCentral Media
    Built and maintained by Chronon
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}
    🇿🇦 Sign up to the TechCentral newsletter